Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
Challenging Student Loans Permissible Six Years after Discharge
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.
Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner
Congress created a loophole in the hanging paragraph in Section 1325(a).